I’ve been an intellectual property (IP) lawyer for more than 25 years. I advise my clients on how to use, defend and protect their IP assets, and have litigated their rights in the federal district courts, courts of appeal and the U.S. Supreme Court. I represent U.S. and foreign companies. I help clients decide on brand names, work on product marketing and protection strategies and advertising approval. I do a lot of work going after counterfeiters, especially for luxury goods companies. I also counsel on patent law and protection, and work extensively in copyright law, including with publishers, artists, and media companies. I’ve been lecturing and advising clients about IP rights on the Internet since the early 1990’s. I’ve had the privilege of taking leadership roles in professional organizations dedicated to advancing IP rights worldwide.

How long can the hit television show “glee” survive? The show has captured the imagination of its fans, addressing difficult topics like gay and alternate lifestyles, school shootings, and child molestation. Now, faced with the untimely death of its star Corey Monteith, a trademark infringement lawsuit in England, and declining ratings in season 4, “glee” may be destined for reruns. Media reports indicate the show will likely end in two more seasons.

The “glee” brand, however, may live on for years to come. Yes, a stage musical is on its way, but the brand is destined to be about far more than entertainment. Beneath the facade of song, dance and teenagers with no visible parental supervision, the show has managed to teach and spark dialog. “Glee’s” versatility is the key to the brand’s future beyond reruns. Fans just cannot get enough of the “glee” feeling.

FoxFox seems be planning for the brand’s survival after the show’s cancellation. It already holds trademark registrations for the word “glee” for a variety of goods it sells bearing the name, including dvds, cds, ring tones, graphics, screen savers, clothing, calendars, stickers, notebooks, greeting cards, books, purses, bags, wallets, cups, mugs, and plates. Fox also owns six pending intent to use applications that could expand this merchandising list.

Fox’s trademark portfolio, however, is just one facet of its brand development strategy. Fox also has sought to engage its fan base by making “glee” a fluid trademark, one whose visual presentation varies. In addition to the traditional “glee” logo, consumers are familiar with the “l” in “glee” being replaced by fingers gesturing the letter. Fans listen to the soundtracks while they “glee’k’ out,” and they eagerly clamor to be the “glee’k’ of the week.” Fox has even collaborated with another famous trademark to produce “The Rocky Horror glee Show”, using typography that is evocative of both the original movie and the Fox television show.

Fox, of course, knows that fluid trademarks are risky, exposing a trademark to challenge or even cancellation. If the underlying trademark does not have enough recognition, the fluid versions may render the trademark unrecognizable as a single source of goods or services. It seems, though, that Fox is betting that developing “glee” as a fluid trademark will engage the show’s fan base creatively and forge an emotional connection between the brand and the public. In the process, Fox has set up potential for an ongoing income stream.

Items containing fluid trademarks can easily become collectibles. Celebrating the 1976 bicentennial, 7-Up released 50 different soda cans, each heralding a different state, which stacked to form a picture of Uncle Sam. Similarly, the artist Al Hirschfeld hid his daughter’s name “Nina” in all of his collectible work, creating a trademark for his work, even if he did not register it with the US Patent and Trademark Office. Fox’s fluid presentation of the “glee” trademark may make the show’s memorabilia more collectible as time goes on.

Embarking on a branding initiative with fluid trademarks takes courage and a willingness to assume risk. Fox has embraced risk with “glee’s” racy and challenging scripts, and its trademark strategy is no exception. The “glee” trademark teaches that, contrary to popular wisdom, fluid trademarks may not be reserved only for established brands like GoogleGoogle, Absolut, Saks Fifth Avenue, or Pixar. When a brand is mercurial by nature, a fluid trademark may be appropriate from the inception. The “glee” trademark has always been much more than a signature for a television show. Instead, it has emblemized an evolving message of tolerance in a world that seems to have infinite variations of intolerance. The “glee” brand, therefore, has more power to stay relevant as a fluid trademark than a static one. Fox has astutely developed “glee” as a fluid trademark so it can monetize the trademark long after the show’s cancellation.

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